106
year of notification of this judgment, the State shall provide the Court with a first
report on the measures taken to comply with it.
XIV
OPERATIVE PARAGRAPHS
248.
Therefore,
THE COURT,
DECLARES:
Unanimously, that:
1.
The State violated the right to humane treatment embodied in Article 5(1),
5(2) and 5(6) of the American Convention on Human Rights, in relation to Article
1(1) thereof, to the detriment of Lori Berenson, owing to the detention conditions to
which she was subjected in the Yanamayo Prison, in the terms of paragraphs 98 to
109 of this judgment.
Unanimously, that:
2.
The State violated Articles 9, 8(1), 8(2), 8(2)(b), (c), (d), (f) and (h) and
8(5) of the American Convention on Human Rights, in relation to Article 1(1) thereof,
to the detriment of Lori Berenson, with regard to the trial in the military court, in the
terms of paragraphs 113 to 121, 139 to 150, 158 to 161, 166 to 168, 183 to 186,
191 to 194 and 198 to 199 of this judgment.
By six votes to one, that:
3.
It has not been proved that the State violated Articles 9, 8(1), 8(2), 8(2)(b),
(c), (d), (f) and (h), 8(4) and 8(5) of the American Convention on Human Rights, in
relation to Article 1(1) thereof, to the detriment of Lori Berenson, with regard to the
trial in the civil court, in the terms of paragraphs 124 to 128, 151 to 156, 162 to
164, 169 to 181, 187 to 189, 195 to 196 and 200 to 209 of this judgment.
Dissenting Judge Medina Quiroga.
By six votes to one, that:
4.
When conducting a military trial against Lori Berenson, the State failed to
comply with the obligation established in Article 2 of the American Convention, in the
terms of paragraphs 218 to 226 of this judgment.
Dissenting Judge Medina Quiroga.
AND ORDERS:
Unanimously, that:
1.
The State shall adapt its domestic legislation to the standards of the American
Convention, in the terms of paragraphs 233 and 234 of this judgment.
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